Gun and Other Weapon Charges

If you are convicted of a weapon related charge, you may be incarcerated, fined, placed on probation, or subjected to a host of other penalties that could radically affect your future. Even if you are only convicted of a misdemeanor rather than a felony, the conviction will be on your record permanently, absent expungement, pardon, or some other mechanism for relief from judgement.

Under Michigan law, gun charges fall into three main categories. First, it is unlawful to carry a gun concealed by your clothing or accessories unless you have the proper license to carry a concealed weapon. Tucking a pistol into your belt and covering your waist with a sweater or coat would constitute a concealment. Note that the concealment identified in this charge need not be intentional. Simply forgetting you are in possession of a gun is not a defense.

A second type of weapons charge is called “felony-firearm.” This offense occurs where an individual is in possession of a gun during the commission of a separate felony. A felony-firearm conviction is separate and distinct from the underlying charge, and the sentence imposed is added to the end of the sentence on the underlying felony. For instance, if an individual is selling cocaine, which is a felony, and during the sale is in possession of a firearm, he or she can be convicted of two separate crimes, with the felony firearm conviction tacking and additional 2 years onto any sentence imposed for the drug sale.

Finally, it is illegal to possess a firearm in certain locations. For instance, you may not have a firearm while in a church, courthouse, day care facility, or hospital. There are certain areas that are designated as gun free zones, where sentences are enhanced as well.

There are also prohibitions regarding the possession of dangerous weapons other than guns. Sometimes the items prohibited are obvious, such as a massive knife, but others are less so, and dependent on the circumstances. Walking around with a baseball bat on a sports field is a very different matter than holding a baseball bat while breaking into an occupied home.

Regardless of what sort of weapons charge you are facing, it is crucial to obtain legal counsel as early as possible. If you have been charged with a weapons crime, contact the experienced attorneys at Neumann Law Group for a free consultation.

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